BAURI BANDHU SARANGI Vs. BHABANI SADANGI & OTHERS

JUDGEMENT

(1.) This is a writ petition assailing the order dated 20.9.2012 passed by the Civil Judge (Junior Division),Khurda in Civil Suit No.70 of 2009 rejecting an application under Order 18,Rule 1,Civil Procedure Code at the instance of the plaintiff praying for directing the defendants to lead evidence first in the Court below.

(2.) In assailing the impugned order, Mr.Rath, learned counsel for the petitioner contended that in view of the issue with regard to question of adverse possession particularly keeping in view the pleadings at the instance of defendants claiming their right over the disputed property by way of adverse possession, it is the defendants to begin their evidence first for establishing their title on the basis of adverse possession. The petitioner contended that the trial court having failed to appreciate the aforesaid aspect involving the matter arrived at the wrong and illegal impugned order which unless be interfered with, the petitioner will be highly prejudiced.

(3.) Mr.D.Mohapatra, learned counsel appearing for the Opp. parties,on the other hand contended that the plea of adverse possession advanced by the defendants has no bearing considering from the point of view that the suit is limited to the extent of seeking a decree for permanent injunction against the defendants and restraining them from entering upon the suit land, further from making any construction thereon and further for a decree for mandatory injunction against the defendants directing them to close the opening of their wall facing to the suit land.